An appeals court upheld the dismissal of a manslaughter charge against a Broward Sheriff’s Office deputy who fatally shot a black man carrying an air rifle.
NBC 6 exclusively obtained the court's ruling Wednesday.
In 2016, a lower court found that BSO Deputy Peter Peraza was entitled to immunity from prosecution under Florida's so-called "Stand Your Ground" law, and eventually resulted in the court dismissing the case.
However, in an appeals court, the state argued that law enforcement officers are not entitled to seek immunity under the law. The court disagreed with that argument and upheld the ruling.
Peraza was charged for fatally shooting Jermaine McBean, 33, in 2013 after 911 callers reported a man carrying a rifle down a busy street.
"They're beside themselves," David Schoen, an attorney for the McBean family, said about the ruling. "It's tearing another piece of their heart out, frankly."
Peraza was the first Florida officer in 30 years to be charged in an on-duty shooting. He testified that he opened fire after McBean pointed what was later determined to be an air rifle at deputies.
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"For that to be true, Jermaine would have to be shot straight on in the chest. He's shot in the upper right shoulder and then across the chest as he was beginning to turn," Schoen said.
McBean's family says Jermaine was wearing earbuds and never heard deputies approach or their commands.
Prosecutors unsuccessfully argued the "Stand Your Ground" law does not apply to officers who are protected by other immunity laws.
Peraza's attorney praised the ruling and said it could impact officers across the United States.
"All the McBean family wants, all the public wants is to have Peraza stand trial and let the evidence be presented, let the chips fall where they may," Schoen said.
If the Florida Supreme Court decides to overturn the appeals court's decision then the deputy's manslaughter case will move go to trial.
Peraza, who has been suspended with pay since July 2016, was placed on restricted duty Wednesday pending the conclusion of internal review, BSO officials said.
